Court affirmed the need for immediate injunction against unauthorized use of registered trademarks to prevent fraud and protect brand goodwill, recognizing the plaintiffs' established rights.

ORDER

(Video-Conferencing)

I.A. 2900/2021 (Section 151 CPC)

1. For the reasons stated in the application, requirement of service of advance notice on the defendants is waived.

2. The application stands allowed and disposed of.

I.A. 2899/2021 (Section 151 CPC)

3. Subject to the plaintiffs filing legible copies of any dim documents, on which they seek to place reliance within a period of four weeks from today, exemption is granted for the present.

4. The application stands disposed of.

I.A. 2898/2021 (Order XI Rule 1 (4) CPC)

5. Subject to the right of the defendants to admit or deny the same, the plaintiffs are permitted to file additional documents, as they may so choose under a cover of an appropriate affidavit within a period of four weeks from today.

6. The application stands disposed of.

CS(COMM) 95/2021

7. Issue summons in the suit to the defendants, returnable on 29th April, 2021 before the Joint Registrar for completion of pleadings, admission and denial of documents and marking of exhibits.

8. The Defendant No. 1 has been accorded a fictitious name "Ashok Kumar", being the normally used Indian equivalent of "John Doe".

9. Service on Defendant No. 1 would be effected at the 13 email IDs reflected in the memo of parties being i. info@himalayapharmacy.in, ii. support@himalayapharmacy.in, iii. info@himalayawelness.in, iv. support@himalayawelness.in, v. help@himalayawelness.in, vi. distributor@himalayawelness.in, vii. info@himalayafranchise.org.in, viii. support@himalayafranchise.org.in, ix. contact@himalayafranchise.org.in, x. support@himalayadistributor.in, xi. info@himalayadistributor.in, xii. support@masterfranchise.org.in and xiii. info@masterfranchise.org.in as well as by whatsapp at the telephone numbers provided in the memo of parties where whatsapp accounts are available. Service would additionally be effected at two postal addresses of Defendant No. 1, which though the plaintiffs state that they are fraudulent and have been represented by Defendant No. 1 at which he may be contacted. Notice be also additionally served on Defendant Nos. 2 to 15 at the email IDs as well as by whatsapp at the telephone numbers provided in the memo of parties.

10. Notice be served on the remaining defendants by ordinary process as well as by email at the email IDs provided in the memo of parties.

11. Report of service along with proof thereof be placed on record before the next date of hearing.

12. Mr. Vakul Sharma, learned counsel for Defendant No. 16, accepts notice.

13. Written statement, if any, be filed within a period of four weeks accompanied by affidavit of admission and denial of the documents filed by the plaintiffs with advance copy to learned counsel for the plaintiffs, who may file replication thereto, if any, within a period of two weeks thereof accompanied by affidavit of admission and denial of the documents filed by the defendants.

I.A. 2897/2021 (Order XI Rule 2 CPC)

14. Issue notice to the defendants, returnable on 29th April, 2021 before the Joint Registrar.

15. Mr. Vakul Sharma, learned counsel for Defendant No. 16, accepts notice.

16. Response to this application, if any, be filed within a period of four weeks from today with advance copy to learned counsel for the plai